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A father made a bond of provision in favour of his children, payable at the first term after his death; and it was provided, that if any of the children should die without heirs of their body, their share should accresce to the survivers. Found, that the settlement was a conditional institution in favour of the survivers, and consequently took place, though the children who predeceased had never any right, having not only died before their father, but before the bond of provision became effectual by death or delivery.
Fol. Dic. v. 1. p. 425. Fountainhall. Forbes.
*** See this case, No 50. p. 3512. and No 22. p. 4332.
